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Minutes 10-05-10 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M., ON TUESDAY, OCTOBER 5,2010 PRESENT: Jose Rodriguez, Mayor Marlene Ross, Vice Mayor William Orlove, Commissioner Woodrow L. Hay, Commissioner Steven Holzman, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk 1. OPENINGS A. Call to order - Mayor Jose Rodriguez B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Hay The meeting was called to order at 6:09 p.m. by Mayor Rodriguez. (Vice Mayor Ross and Commissioner Hay were not present) Attorney Cherof indicated the Commission would need to break away from the public session to a closed-door session and discuss pending litigation in the case of Clear Channel Outdoor Inc., Petitioner in a lawsuit against the City of Boynton Beach. The case involved an outdoor advertising sign on 1-95. The members of the Commission, City Manager and City Attorney would be present in the closed-door session. Meeting recessed at 6:11 p.m. Meeting reconvened at 6:37 p.m. - All members of the Commission were present. Mayor Rodriguez welcomed all those present. The invocation was given by Mayor Rodriguez followed by the Pledge of Allegiance to the Flag led by Commissioner Hay. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ross pulled Items 6.D and 6.F for discussion. Commissioner Orlove pulled Items 6.D and E for discussion. Commissioner Hay pulled Item 6.C. Commissioner Holzman and Mayor Rodriguez had no additions, deletions or corrections. Meeting Minutes Regular City Commission Boynton Beach, FL October 5, 2010 2. Adoption Motion Commissioner Hay moved to adopt the agenda without the pulled items. Commissioner Orlove seconded the motion. The motion passed. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Holzman had nothing to report. Commissioner Hay was pleased with the participation at the Women's Circle ribbon cutting ceremony for their new facility. He mentioned he had attended the League of Cities conference and would share any of the learning materials he had received with the other Commissioners. He looked forward to working with the CRA and continuing the work that needed done. Commissioner Orlove thanked the Utilities Department for his tour of the West Water Treatment Plant. He had attended the Firefighter's takeover of Bru's Room and hoped they had raised a significant amount of money for the Heart Association. The Commission had defeated the City Manager's staff in a game of Family Feud at the St. John Missionary Baptist Church Reunion only to be defeated by the Firefighters team. It was a nice event as well as the Women's Circle ribbon cutting ceremony. Commissioner Orlove, with the City Manager, had welcomed the current City Services Institute participants for the fall semester. Vice Mayor Ross reported she had attended the auction at the Bru's Room takeover by the firefighters. She attended the St. Joseph's Church blessing of the animals including the Boynton Beach K-9 unit. Vice Mayor Ross announced the Boynton Beach Fire Rescue would be holding an Expo on October 9th at Fire Station #5, from 11 a.m. to 2 p.m. There would be a special event, the Climate Work Party, the world's largest day of practical action to fight climate change to be held on Sunday, October 10th at the Church of Our Savior on Federal Highway from 2 p.m. to 5 p.m. Another upcoming event would be "Coffee with the Commissioner" on October 1ih from 2 to 5 p.m. at Fire Station #3, the second in a series for Vice Mayor Ross. Residents of District IV and all residents of the City were urged to attend. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the month of October as National Arts and Humanities Month for the City of Boynton Beach. 2 Meeting Minutes Regular City Commission Boynton Beach, FL October 5,2010 Mayor Rodriguez proclaimed the month of October as National Arts and Humanities Month and presented Barbara Ready, Chair of the Arts Commission, with the proclamation. He looked forward to the new art being placed around the City and thanked Debby Coles-Dobay for her success as the Public Arts Administrator. Ms. Ready remarked artists, historians and philosophers enable people to find their common humanity. The arts spur imaginations, lift hearts and unite all. They also fuel the economy by bringing activities to the local communities and assisting in revitalizing neighborhoods, attracting new visitors and fostering growth. The Arts Commission appreciated the opportunity to improve the quality of life in Boynton Beach. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Lori Wilkinson, 2458 SW Cranbrook Drive, a teacher and member of the Education and Youth Advisory Board, highlighted an issue to be voted on in November elections. The ballot question involved a .25 mill levy reflecting a continuation of an existing tax levy in effect since 1981. It would not raise taxes and would expire in four years. The tax does generate $32 million toward the arts, career development and academic programs. It is a dedicated funding source for local programs and teachers. Ms. Wilkinson reiterated the levy would not be an additional burden. Brian Edwards, 629 NE 9th Avenue, recalled he had been admonished for hiding behind the podium rather than speaking directly with the Commission. He had repeatedly pointed out a disclosure issue with the Holiday House project and been ignored as a personal comment from him to the Mayor. He reiterated there was a serious issue of disclosure and if not recognized the same conduct would continue to embarrass the City. It was not a matter of hiding or calling when it was a matter relating to the Mayor. Mayor Rodriguez indicated he would call Mr. Edwards to discuss whatever the non- disclosure issue may be and, if valid, address the matter. Mr. Edwards contended he had asked the Commission to initiate an investigation in public audience. He reiterated a close review of the events was needed. Mary Crowley, 857 NW 8th Avenue, expressed her appreciation of the City Utility workers who were always friendly and helpful. She expressed concern and advised she had 15 letters supporting her contention that the 24-hour rule for trash on pickup day placed a hardship on the retirees, disabled persons and persons living alone. She 3 Meeting Minutes Regular City Commission Boynton Beach, FL October 5, 2010 requested reconsideration and a change in the 24-hour rule to the weekend before the pickup. Ms. Crowley understood the goal was clean neighborhoods, but a hardship for many had been created. Mayor Rodriguez explained any change would require a Commissioner to initiate that discussion and recommendation. The discussion would then be on a future agenda. No one else coming forward, Mayor Rodriguez closed public audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Holzman moved to appoint Aimond Alexis to the alternate position on the Code Compliance Board. Commissioner Hay seconded the motion. The motion passed. Motion Commissioner Orlove moved to appoint Ben Lowe to the Community Relations Board. Commissioner Hay seconded the motion. The motion passed. Motion Commissioner Orlove moved to appoint Bridget Roberts to the Veterans Commission. Vice Mayor Ross seconded the motion. The motion passed. Motion Vice Mayor Ross moved to appoint Laurie Sulzer to the Library Board as a regular member. Commissioner Orlove seconded the motion. The motion passed. Motion Commissioner Hay appointed Jerry Taylor to the Golf Course Advisory Committee. Commissioner Orlove seconded the motion. The motion passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each 4 Meeting Minutes Regular City Commission Boynton Beach, FL October 5, 2010 item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the Minutes from the City Commission meeting held on September 21, 2010. B. PROPOSED RESOLUTION NO. R10-147 - Approve the Interlocal Agreement between the City of Lake Worth and the City of Boynton Beach for Planning services. C. Approve expenditure of $27,506.85 for annual renewal of Grants Network Master License and Service Agreement with eCivis. This item was pulled for discussion by Commissioner Hay. Commissioner Hay inquired about the personnel needed to maintain the program. Debbie Majors, Grant Coordinator, advised she oversaw the program; however, it is web based and does not require monitoring by the ITS Department. Commissioner Hay noted the savings exceeded the expenses by approximately $8,000. Ms. Majors pointed out the City received substantial discounts by assisting with beta testing. Before the program was used, grant opportunities were missed, reports were not timely filed and the eCivis program assists in organizing the many grants and funding to track. Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. The motion passed. D. Approve the Arts Commission's Art in Public Places Visioning Plan. This item was pulled for discussion by Vice Mayor Ross Vice Mayor Ross had pulled the item to recognize the great amount of work that had been done over a two-year period. The concept of "Heart of Palm Beach County" has been identified as one of the slogans as well as other slogans. She inquired if there was a plan to discuss some of the suggestions and any timeline. Debby Coles-Dobay, Public Art Administrator, acknowledged the Arts Commission did have discussion on the matter. The goal would be to assign City staff to discuss the issues and meetings had been scheduled to continue the discussions. Vice Mayor Ross pointed out testimonials from community leaders were included from Jim Williams and Mike Penn with the Greater Boynton Beach Foundation. She confirmed the matter would again come before the Commission when it was ready to move forward. 5 Meeting Minutes Regular City Commission Boynton Beach, FL October 5,2010 Motion Vice Mayor Ross moved to approve. Commissioner Holzman seconded the motion. The motion passed. E. PROPOSED RESOLUTION NO. R10-148 - Approve an Addendum to Landscape Architectural Services for Congress Avenue Barrier Free Park with AECOM (formerly Glatting Jackson) to increase the Consultant Agreement amount of $324,078.75 by an additional $61,256 for services required to revise and complete construction documents and construction management for a contract total of $385,334.75. Commissioner Orlove pulled Item 6.E for discussion. Commissioner Orlove wanted assurance that the March, 2012 deadline would be met so grant funding would not be lost. Jody Rivers, Park Superintendent, advised there would not be a problem if the bid would be sent out and started as soon as possible. There were two grants and they both were due around the end of April, 2012. Motion Commissioner Orlove moved to approve. Vice Mayor Ross seconded the motion. The motion passed. F. PROPOSED RESOLUTION NO. R10-149 - Approve supporting full funding of the Energy Efficiency and Conservation Block Grants and authorize staff to forward documentation of support to the necessary legislative entities. Vice Mayor Ross had pulled this item for discussion. Vice Mayor Ross remembered the Energy Efficiency and Conservation Block Grant commenced in 2007 and she highlighted it could enhance the implementation of strategies for the City's Climate Action Plan. Ms. Majors expressed hope the Commission would support the funding that would be needed. Motion Vice Mayor Ross moved to approve. Commissioner Holzman seconded the motion. The motion passed. 7. BIDS AND PURCHASES OVER $100,000 A. Award Field Change Directive NO.1 to Insituform Technologies, for the purpose of re-lining sewer mains at Cypress Creek in the amount of $103,450.12, of 6 Meeting Minutes Regular City Commission Boynton Beach, FL October 5,2010 which $47,070.92 is from the previously-authorized contingency. - TABLED ON 09/21/10 Motion Commissioner Holzman moved to remove Item 7.A from the table. Commissioner Orlove seconded the motion. The motion passed. Mr. Bressner explained the repair had been done to accommodate the homeowner's association with internal roadway improvements. Other work was being done by the contractor in the area and the homeowner's association did not want to complete their roadway improvements and then have the City dig them up in a short time to make the necessary repairs. Staff had assessed the need for the repairs and did feel it was appropriate to proceed at this time rather than delay. Commissioner Holzman recalled the same issue had been discussed during the budget hearing and the need for some City staff to remain on the payroll. The Commission had been advised it was not necessary and now there is additional cost for the same type of work. Mr. Bressner clarified the work outlined in the budget hearings was inspection of the lines. The request was to actually re-line the material in the pipe to restore and refurbish the line. The televising work had already been done and the conditions documented. It is an in-place repair of the lines using the technology to avoid excavating the entire pipe to repair. Pete Mazzella, Deputy Director of Utilities, added the work required specialized equipment, training and materials. It would not be cost effective to have the City complete the work. Motion Commissioner Orlove moved to approve. Commissioner Hay seconded the motion. The motion passed. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 7 Meeting Minutes Regular City Commission Boynton Beach, FL October 5, 2010 None 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R10-138 - Approve an agreement with Net Assets, a sole source provider, for the implementation, maintenance, customer service support and hosting of the Conduits reporting service. - TABLED ON 09/21/10 Motion Commissioner Hay moved to remove the item from the table. Commissioner Orlove seconded the motion. The motion passed. Lori LaVerriere, Assistant City Manager, reported an opportunity to provide better service and cut costs had been found by the City Clerk's office. A company, new to the State of Florida, offers an online lien search service. It is currently being done manually by the Clerk's office and involves several other departments and days to research liens and obligations on a property. The new software would allow nightly uploads to consolidate the information for an online, web-based service. The information would be accessible immediately online at any time. The $15 fee being assessed at this time does not cover the cost to produce the information. The software provider would charge $10 per search and a credit card fee of approximately $5 would be offset by a charge of $115 per search netting $100 per search. At this time it is estimated 150 searches are completed each month resulting in $175,000 annual revenue. The banks and title companies would immediately get the information upon their request and the City would recoup their cost. Staff recommended the contract be approved. Ms. LaVerriere commended the City Clerk for discovering the potential revenue source and improved efficiencies and customer service. Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. The motion passed. Motion Vice Mayor Ross moved to remove Items B, C, D and E from the table. Commissioner Hay seconded the motion. The motion passed. B. Appoint an Advisory Committee to review two renaming requests for Jaycee Park. - TABLED ON 09/21/10 8 Meeting Minutes Regular City Commission Boynton Beach, FL October 5, 2010 Ms. LaVerriere reported two requests to rename Jaycee Park had been received. One was from the Rotary Club of Boynton Beach and the other, a local artist. An ordinance exists that outlines a process for naming buildings, parks or other facilities within the City. The request has to be initiated by the City Manager or Commissioner. Staff reviewed the requests for basic requirements and both requests qualified. The next step would be for an advisory committee to be appointed to review the requests and bring back a recommendation to the Commission. Ms. LaVerriere did recommend the Parks Superintendent, Jody Rivers and Janet Devries, the Historian and Archivist be appointed to the committee. The park has a significant history and one proposal included sharing in the park maintenance and landscaping. It was decided there would be two members from each board and Ms. Rivers and Ms. DeVries for a total of ten members. Motion Commissioner Orlove believed the committee members were selected at the discretion of the advisory boards involved; Recreation and Parks Board, Senior Advisory Board, Community Relations Board and Education and Youth Advisory Board and so moved. Commissioner Holzman seconded the motion. The motion passed unanimously. C. Accept the following report on the Neighborhood Stabilization Program (NSP) - TABLED ON 09/21/10 Quintus Greene, Development Director, recalled there was a deadline of September 30th to commit $2,963,311 and it had been committed as of August 30,2010. March of 2013 was the deadline to spend all the monies. Mr. Greene asserted Octavia Sherrod, Community Improvement Manager and Keturah Joseph, Executive Director of the Boynton Beach CDC, deserved all the credit. Mr. Bressner inquired if there was any further information available on the $1.1 million that was anticipated. Mr. Greene reported there was no information from HUD on the rules relative to the new appropriation. Commissioner Hay had spoken with the HUD Regional Manager who had only favorable comments regarding Boynton Beach. Vice Mayor Ross sought the status of the nine homes in District IV. Mr. Greene asserted the rehabilitation process had already begun and would be ongoing. Motion Commissioner Hay moved to accept the report on the Neighborhood Stabilization Program. Vice Mayor Ross seconded the motion. 9 Meeting Minutes Regular City Commission Boynton Beach, FL October 5, 2010 Mayor Rodriguez hoped some of the new funds to be received could be devoted to the many foreclosures in the Crossings. The motion passed. D. Review of capital project delivery methods. No Commission action required. - TABLED ON 09/21/10 Jeff Livergood, Director of Public Works and Engineering, had provided a full review of capital delivery project methods and specifically the use of construction management method. The various project delivery methods were defined. The design-bid-build method has been used historically. The owner hires an architect engineer to design the project, bid it out separately and then build the project. The method has very good cost controls through the public bidding process. The price point is good and the documentation of the cost for the benefit of the public is documented. It can be time consuming. Buildings are bid as a lump sum and utility projects are done on a unit price basis. The design-build combines the architect engineer and builder into one price. The owner must know exactly what they want. The process can move more rapidly and only one entity is responsible. The detail has to be very clear. Negotiated contracts would be another method, but it is not used until after a hurricane or when time is of the essence. The concept of construction management involves construction manager "at risk" and the owner hires their own architect and then hires a construction manager that works directly for the City. He negotiates the various subcontracts with the goal being the architect and construction manager working together in the early stages as agents of the owner to ensure cost efficiencies. It works most efficiently when costs are escalating very rapidly and the project elements have some unknowns. Value engineering is available and the costs are more precise if the owner has a very clear project scope. The insurance and risk needs have to be specified in detail. The entire process is cumbersome. Mr. Livergood pointed out the City is involved with the construction management process to avoid the markup of subcontractors. He stressed the method cannot be selected and then the project assigned to the method. The project needs have to be identified, the time constraints established and the public policy decisions made. Staff then would make the recommendation of a project delivery method to be utilized. Mr. Bressner indicated the report in the agenda materials was excellent. 10 Meeting Minutes Regular City Commission Boynton Beach, FL October 5, 2010 E. Accept the Budget Status Report of the General Fund and the Utility Fund for the eight (11) month period ended August 31, 2010. - TABLED ON 09/21/10 Barry Atwood, Finance Director, reported on a preliminary close through September 30, 2010, that 99.7% of the projected revenues would be realized. The 1.5% percent reduction in department budgets brought the estimate under $200,000 to be on target for the general fund. The utility fund revenues were coming in on target and ahead of last year. On the expenditure side the General Fund, it would be close to the target and slightly positive. The Utility Fund is expected to come in under their budget. 11. UNFINISHED BUSINESS A. Appoint members to 7 -member independent Community Redevelopment Agency Board TABLED ON 09/21/10. Motion Vice Mayor Ross moved to remove the item from the table. Commissioner Hay seconded the motion. The motion passed. Mayor Rodriguez opined there had been enough change and the Agency was now in a rebuilding mode. Discussion with staff had revealed additional change was not welcomed at this time. The staff liked the current five-member Board; no training needed and no additional expenses. Mayor Rodriguez wanted to maintain the current status quo for some period of time and avoid adding more stress to the Agency. It was also the recommendation of the Acting Executive Director. Commissioner Hay opined the process had taken a significant amount of time and good candidates had come forward. Many on the current board had no exposure to CRA type activity and have done well. Some of the problem has been with the Commission and the CRA. In his view, an independent Board was necessary and could get training when the number of projects was low. The candidates are mature and experienced adults and the appointments should not be delayed any longer. Commissioner Hay had received support for an independent board from the community and staff. Commissioner Orlove agreed in part with Commissioner Hay that the decision had been made to appoint an independent Board and it was time to make the appointments. He suggested a Board be appointed and work on a transition period with the appointed Board and current Board working together on training and assessment of the programs and projects working toward an amenable transition. Commissioner Grlove thought a collective process of all City leaders joining in a vision for the CRA District would be appropriate. The appointed Board could then sit as the CRA Board and move forward for the benefit of the City. 11 Meeting Minutes Regular City Commission Boynton Beach, FL October 5,2010 Vice Mayor Ross demonstrated frustration that a new board had not been appointed. In the last week she had learned the CRA staff was very concerned about a new board being appointed at this time and she was hesitant. Commissioner Holzman remained outspoken on the issue realizing the dynamics of the CRA have changed. In order to attract investment and development to the City, stability in the CRA is paramount. Moving to an independent board at this time would create chaos due to a long period of time to ramp up because only two or three of the ten interviewed came to every meeting. It could result in gridlock on the Board. There are quite a few projects that are ongoing. In the best interest of the City and citizens, Commissioner Holzman felt stability within the CRA had to be restored and seat the CRA when the identity has been re-created and the focus clearly defined. Mayor Rodriguez understood the community's need to be involved, but the effectiveness of the Agency was at stake. The CRA staff indicated they do not want more change and are comfortable with the goals for the year and progress being made. Mayor Rodriguez respected their needs and commended the staff. Even the addition of two more members would be additional work the staff would have to accommodate. The distraction of a new Board needed to be delayed in Mayor Rodriguez's view. Commissioner Orlove commented he was not ready to seat the Board, but the appointments could be made. There would never be the perfect time to appoint a new Board, but the process should move forward at this time. Once there is agreement on the vision of the Board and the Commission an independent Board could move forward. Motion Commissioner Orlove moved to appoint a CRA Board to be seated at a soon to be determined time. Commissioner Hay seconded the motion. Attorney Cherof advised the motion was inconsistent with the ordinance that created the seven-member board. The ordinance states, ''The transition date of the Agency Board from City Commission to a seven-member Board shall be at the commencement of the Board meeting held on the second Tuesday of the month following the appointment of the seven Board members at which time the seven-member Board shall take office." An alternate transition period is not allowed by the ordinance. Commissioner Hay believed it was unfair to base the decision on attendance at the meetings. The appointed Board should take office at the next meeting after their appointments. The training could come later just as the current board experienced. 12 Meeting Minutes Regular City Commission Boynton Beach, FL October 5,2010 Mayor Rodriguez commented there is a huge difference between a voluntary board and a Commission acting as the board. The taxpayers of the City elected the Commission giving the Commission the responsibility to lead and be accountable. Commissioner Orlove withdrew his motion as it was not consistent with the ordinance. Motion Commissioner Hay moved to appoint the Board and move forward. Commissioner Orlove seconded the motion. The motion failed 2-3 (Mayor Rodriguez, Vice Mayor Ross and Commissioner Holzman dissenting). Attorney Cherof re-read Section V. of the ordinance at the request of Commissioner Orlove. Commissioner Holzman suggested in the interim perhaps an advisory committee could be established so the community can have input to the Board. Motion Commissioner Orlove moved to make an appointment of the CRA Board at the next meeting, October 19th. Commissioner Hay seconded the motion. The motion failed 2-3 (Mayor Rodriguez, Vice Mayor Ross and Commissioner Holzman dissenting). Motion Vice Mayor Ross moved to postpone it to a date certain and discussed the date. Mayor Rodriguez felt three months would be reasonable for staff to get the agency stabilized. Vice Mayor Ross moved to set it for January 2011. The motion failed for lack of a second. Commissioner Orlove did not feel it was fair to pass it off to January and go through the same process again. Mayor Rodriguez contended after three months there could be an evaluation of the staff at that time and if the progress was appropriate it could be discussed further. The motion failed. Attorney Cherof commented if the Commission did not act on the appointments it would not go away. An ordinance was enacted and the Commission must return to that order of business some time in the future. Commissioner Orlove asked Vivian Brooks, Assistant Executive Director, her opinion of the best time to seat a new Board so the staff could work with the new board to move the mission of the CRA forward. Ms. Brooks responded her first concern was not staff. 13 Meeting Minutes Regular City Commission Boynton Beach, FL October 5,2010 In her six years with the Agency there has been a large amount of turmoil not necessarily emanating from the Agency itself. Her main concern was to bring investment to the City and how the Agency looks to outside investors. It is not good and it is not stable. Her goal would be stability and an even keel and the City and Agency becomes more attractive as the economy improves. The staff has been reduced by two full-time positions. There is a project with 21 homes and the marina entryway feature, the amphitheater, Ruth Jones cottage and the 211 Ocean Avenue and other future projects such as the Old High School. She did not advocate not seating a board and she was not worried about staff. Ms. Brooks wanted the Commission to have some consensus on the future of the CRA as an Agency and how it will look utilizing a workshop setting. When the Commission is comfortable with the future of the CRA would be the appropriate time to appoint a new Board. Commissioner Hay asked if the workshop would be a one-day session to establish a direction that would be beneficial to the City. It could be accomplished before next month. Members of the Commission and CRA Board have been part of the negative face of the Agency. A new appointed board would be the opportunity to eliminate the problem. Commissioner Hay foreseen the control of the purse strings going to the City and the City Manager would be in charge. Business owners do not want to come to Boynton Beach because there is too much dissension among the Commission. He emphasized the decision needed to be made now and appoint the new board. Vice Mayor Ross saw the proposed workshop on the vision as being very important to embrace the vision and bring it to life before handing it over to a new board. She noted it was a big decision to hand control over at this time. Vice Mayor Ross appreciated Commissioner Hay's comments. She speculated it may be more than a half-day workshop and a process. Ms. Brooks agreed and applauded the applicants for being willing to participate and volunteer their time. She reiterated the need to have consensus on the Board on the vision of the CRA as an Agency and the vision to achieve the Downtown Master Plan adopted by the Commission. Ms. Brooks advised the staff would do whatever they are directed, realizing they were minus two staff members and the team was giving 110%. A workshop could establish some policy direction. Mayor Rodriguez suggested Ms. Brooks' proposal be addressed at the next meeting and move forward. Commissioner Hay established a half day would be sufficient for the workshop. Ms. Brooks contended a five to ten-year capital program could be decided. Mayor Rodriguez thanked Ms. Brooks for her input. 14 Meeting Minutes Regular City Commission Boynton Beach, FL October 5, 2010 Motion Commissioner Orlove moved that a decision be made on seating an independent, appointed board for the CRA, date certain, January 18, 2011, the second meeting in January. Commissioner Hay seconded the motion. Commissioner Holzman clarified that on January 18, 2011 the Board would have to be appointed. Commissioner Orlove agreed. The motion passed 4-1 (Commissioner Holzman dissenting). Further discussion ensued on the possible candidates for appointment on the specified date. It was decided to move forward with the agenda. 12. NEW BUSINESS A. Discuss possible cancellation of second City Commission meeting In December. Mr. Bressner explained due to public hearing notifications and pending legislative decisions, it would be appropriate to consider the cancellation at this time. Motion Commissioner Hay moved to approve. Vice Mayor Ross seconded the motion. The motion passed unanimously. 13. LEGAL A. PROPOSED ORDINANCE NO. 10-022 - SECOND READING - Approve Congress Middle School (ANEX 10-001) annexing a 0.95-acre property located at the southern terminus of 31 st Terrace S. Applicant: Michael C. Owens. Attorney Cherof read Proposed Ordinance NO.1 0-022 by title only on second reading. Commissioner Holzman inquired if there was any property that fronts on Congress Avenue that is not being utilized by the School Board. Michael Owens, representing the School Board of Palm Beach County, replied the entrance and CATV building did front on Congress Avenue while the school sat further back on the property. Commissioner Holzman recalled a retention pond existed at the site and Mr. Owens was unsure if it was a dry depression. Commissioner Holzman speculated that the retention area could be used for a land swap rather than the City 15 Meeting Minutes Regular City Commission Boynton Beach, FL October 5, 2010 giving up a piece of property from the tax rolls. Mr. Owens indicated there was a proposal to place another school at the site and was the reason the property had been purchased. The intention was to have one piece of property and deal with one local government rather than two. It will provide a cleaner process regardless of any future plans. He noted capital dollars are scarce. Motion Commissioner Hay move to approve. Commissioner Orlove seconded the motion. Mayor Rodriguez opened the issue for public comment. Robin Bird, principal of the property to the north of the site, did not object and with the annexation the staff intended to change the land use to community facilities. The current residential land use is not compatible with his industrial use. Mr. Bird hoped to annex his property and be compatible and conforming to the land use.. No one else came forward. Vote City Clerk Prainito called the roll. The vote was 5-0. B. PROPOSED ORDINANACE NO. 10-023 - SECOND READING - Approve Congress Middle School (LUAR 10-001) reclassifying land use designation of subject property from Palm Beach County's IND (industrial) to MoDR (Moderate Density Residential. Applicant: Michael C. Owens. Attorney Cherof read Proposed Ordinance No. 10-023 by title only on second reading. Mayor Rodriguez opened the issue for public hearing. Mr. Bird requested the same comments would apply to the Land Use change. He preferred the property be changed to public use rather than residential. No one else came forward. Motion Commissioner Orlove moved to approve. Vice Mayor Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 16 Meeting Minutes Regular City Commission Boynton Beach, FL October 5,2010 C. PROPOSED ORDINANCE NO. 10-024 - SECOND READING - Approve Congress Middle School (LUAR 10-001) rezoning of the subject property from Palm Beach County's AR (Agricultural Residential) to PU (Public Usage). Applicant: Michael C. Owens. Attorney Cherof read Proposed Ordinance NO.1 0-024 by title only on second reading Mayor Rodriguez opened the issue for public hearing. No one came forward. Motion Commissioner Orlove moved to approve. Vice Mayor Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 14. FUTURE AGENDA ITEMS A. Noise Control Ordinance - First Reading - TABLED ON July 20, 2010 and August 3, 2010 - (TBD) B. Live Entertainment Ordinance - First Reading - TABLED ON July 20,2010 and August 3, 2010 - (TBD) C. Police Complex -- Discussion of project timing, scope, location and funding alternatives available (TBA) D. Conduit debt for the Charter School of Boynton Beach - October 19, 2010. 15. ADJOURNMENT There being nothing further to come before the Commission, Mayor Rodriguez properly adjourned the meeting at 8:19 P.M. 17 Meeting Minutes Regular City Commission Boynton Beach, FL October 5, 2010 CITY OF BOYNTON BEACH I / t. .~. L)..JL ? (/:..-.~; Marlene Ross, Vice Mayor Issioner ATTEST: -~ Steven Holzman, 18